Thursday, January 13, 2011

"Failure to jisien unjust law than the instructions first ..." | 'Truth' as the U.S. bombing incident, Pohang, 'out' process Turn over the chair for the big yiyoungjo jinsilwi survey


Translated by Google translator for Chrome (hence poor)
http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0001508334
[Interview] I yimyeongchun chief lawyer of human rights abuses jinsilwi
Update 11.01.12 16:37 11.01.12 21:16 ㅣchoejong Kim (wadans)
  
 yimyeongchun Lawyers
Ⓒ yimyeongchun
 Yimyeongchun
The lawyer for the past four years yimyeongchun Truth and Reconciliation Commission (jinsilwi) human rights abuses under authoritarian regimes in the past to investigate the incident served as director of human rights violations. August 19 last year when he jinsilwi yiyoungjo Chairman U.S. bombing incident in connection with the Pohang area jinsilgyumyeongdoen five incidents in power committee to review the results instructed to place notices in the TF team leader is appointed. (Related story: jinsilwi survey results for the larger flip yiyoungjo Chairman )

Special Assistant to the Chairman at the time was yiyoungjo yimyeongchun lawyers 'Truth' decisions (30/06/2010) old Pohang U.S. case 'out of Truth' the correct report was required to rewrite. Yimyeongchun lawyer "jinsilwi Power Board (jeonwonwi) to change the decision to write a report saying" Let's yiyoungjo chairperson for the body only correct decision, not ordered to be assumed.

Under these circumstances, a lawyer with the order and content of the previous investigators 'Truth' and a decision in yiyoungjo chairman of standing committee members and gimyongjik 'Truth dead' in a report that two requests were made.

Yiyoungjo power chair on top of the above report jaesangjeong (already decided the matter because the real prime minister do not fit Chung suggested that was due to report) were.Jeonwonwi (14/09/2010), while the review is to discuss the above matters can not be changed, nothing impossible to determine the content, just looking at the contents (there is no effect of the decision) that was completed.

However, Chairman yiyoungjo 'Truth dead' approval to raise the instructions yimyeongchun let lawyers' unfair to fail to comply jisien defiance was denied approval to a guy. And the chairman of yiyoungjo upsets in the spot where the deposed nurse. After all standing committee members gimyongjik a guy paid for by his secretary, and then we were to receive their payment through the Chairman of this 'out of Truth' notice to the applicant information was tampered with.

In addition, from June to September last year, Chairman yiyoungjo uigyeoldoen deliberate in power above events, or payment over 3 months when it did not work yimyeongchun jinsilwi Council with a lawyer has demanded payment. These requirements for the U.S. business until yiyoungjo chairman has promised to complete the payment.

However, Chairman yiyoungjo violated his promise to travel overseas until the U.S. bombing was not the case for approval. This broke the appointment by the Chairman yiyoungjo oeyuseong go on a business trip, last September 30 yimyeongchun lawyer, "Chairman yiyoungjo without just and reasonable settlement for three months after the final vote did not violate a duty to the integrity of public officials will be given the job by an organic law to set forth the rights and interests of the applicant would violate profoundly, "said a statement released details of the general public. And a few months after returning yiyoungjo chairman of the events have been postponed to no reason for approval was hurried settlement. 

Like robots blindly obeying orders from their superiors 'soulless officials' many country who have no hope. Noncompliance with the instructions on the other hand, improper care and want to try to correct the social and health officials are, the more hope. Than following the instructions and just how unfair yimyeongchun lawyers giving priority to email and the last 9 to 12 is divided by the full interview.

- 23 December last year in power above some of complaint received yiyoungjo chairman of the Korea war, U.S. troops committed the bombing incident in Pohang to Singwang mabukri of uncovering the truth about the case out of the existing decision back to the original decision is 'Truth' the reversal said. However, Wolpo-ri, Pohang yigari mangcheonri events and repeated events 'dead' was handled. This reversal of the Commission, the Chairman of yiyoungjo spontaneous decision-making process does not trouble you with this legal?
"As jinsilwi members' combined wisdom and insight to determine the committee structure to determine the time when the Commission decided that even you can not change the contents of the general principles of administrative law is. The decision of this organization among the delegation members are also quite limited. the commissioners' comments and debate this premise is not to whom to delegate, nor a comprehensive mandate to leave the specific delegation is limited. Therefore, 06.30.2010 decision of the court decision, except the truth above, including anyone You can not change.

Therefore, the original decision of the authorities that illegal beonbokhan occasion. But the truth of the above mabukri Complainant's case overturned on appeal because the decision is not a legal issue. But the truth is not like the above principles as a national institution to be seen. Furthermore, in some cases to clarify the truth may have been a healing thing, but let's events mangcheonriwa Wolpo-ri 'Truth dead' as they continue to state beonbokdoen deemed illegal.

- What's the point of surviving?
"Survivors have been the case on the complaint directly to the mabukri down, to the presidential petition (notice that the auditors out of the yicheopdoen) was submitted. Yiyoungjo to prosecutors, as well as chairs and standing committee members gimyongjik accused of misconduct. Furthermore, in truth, the above Administrative Appeal (the truth above the 12/31/2010 end because I will be handling unknown) was raised, and finally to the administrative court proceedings (including proceedings for damages) is a movement to raise.

- Jinbona compensation lawyers also are quite a few of the members left the jinsilwi legally able to understand how these decisions can be made Was not.
"Jinsilwi legal decisions can not only is true. But the state agency can not make the decision illegal. Some members of the legal profession to the needs of the Chairman of yiyoungjo stonewalling was even, and some committee members were strongly protested. This yiyoungjo reconsideration by the Chairman, to approve the block went ahead, made a compromise will be considered to be reported. "

- Last month published a comprehensive report on the truth with regards to the above I have a lot of social controversy. Yisanghwan ago jinsilwi permanent member of "a comprehensive report on the survivors and victims and to prevent the recurrence of the relief effort at all is a factory," general counsel decided unilaterally to protest the power exits from the upper bar. Even before investigators jinsilwi movement that has produced a separate report. Jinsilwi This comprehensive report and recommendations for the lot of criticism and controversy?
"Specific and significant omissions in the event a recommendation is hayeotdaneunde problem. For example, as an emergency measure to determine the case for urgent action unconstitutional and void the decision of the recommendation to enact a law, recommendations from other committees and separate the truth from above Truth be drawn from the case of course need to modify or abolish the National Security Law of the opinion that was ignored.

In addition, prior to 1954, the courts (the Constitutional provisions on the basis of a court-martial on 24 November 1954, because only a court decision rules based on the Constitution, the exercise of public authority is not illegal) ruling by the Constitution is not based on Because the courts invalidated (choeneungjin case), so the legislation to make it and fell recommendations. 

The most important of all past rosseoneun Foundation, a group of South Korea after the war times, compensation for victims legislation, dumped the remains of the victims and the memorial should be strongly urged again that business also, but only anbyeonguk former Chairman of opinion during the synthesis of the policy recommendations It was agreed that the report comes out with. "

- General recommendations above, the result of his activities on the basis of true national reconciliation measures should be taken against obligations and future challenges such recommendations, which a content to be included are specified on the Basic Law. Among them, the most important thing you can do it 'times. Compensate the enactment of special laws', 'past, the establishment of the Foundation,' 'facilities built for the remains and buried' look deungyira. However, these three items have already been suggested that during the reign of anbyeonguk chairman and appointed a separate entry to describe the contents of the comprehensive recommendations were excluded. This having been the most important three terms, except the significance of comprehensive recommendations that are not bound by the halved?
"The truth of the past, the above theorem is just the beginning. Since the cleanup continues to be a national past that needs to converge bondamyeon it is very important that these three recommendations. Of course, if it goes ahead will lead to other problems in the country but this is expected to solve problems through discussion not overlook the problems faced by past, I do not think that. also exercise authority with regard to the current legal limits on how much you missed the significance of the recommendations is what counts. "

- Civilian casualties caused by U.S. troops during the war in Korea events related disabilities and their families 'American apple' and 'relief' mentioned in the draft National Plan for Relief to the U.S. side of the room to diplomatic efforts, including efforts to need to 'be replaced with the phrase, the U.S. imposed no responsibility on the part of abandoned calls is not strange that intelligent recommendations there?
"The current U.S. military strike on the issue of 'No Gun Ri incident in the U.S. position in Korea and the position of a division was. And the truth above the U.S. position closer to the U.S. military's responsibility Hope pretends to a decision and recommended a future diplomatic, political, etc. consequences that receive is expected. U.S. bombing devastated the problem is too insignificant compared to the social lights because he sees more problems. "

- The original recommendation in the 'misuse and abuse concerns the national security law the abolition of the' contains was later 'National Security Law, the application of prudence have some reasonable' is a phrase replacing as the meaning itself is completely distorted, abandoned position, what did you Do you see?
"Of course, national security law position on a number of variations. But the truth were identified and specific events throughout the National Security of the abuses, misuse of the actual conditions have seen the truth above the rosseoneun long-term national policy direction of 'recommendations' that level, the National Security Law and the abolition of must have been included. short-term decision for the National Security Act authorized states to apply the necessary caution that there is talk of a compromise of the above recommendations, the truth is the historic mission and long distance. "

- Over the past five years jinsilwi activities difficult and limitations, and if you want to share a rewarding and emotion?
"Clean up past problems have always been in the modern history of the upheaval. Banminteukwi, 4.19 after the effort to identify the victim of a civilian population, 5 gongteukwi, media committee, and past cleanup efforts, including mutilations in the 2000s, this is it. Therefore, the issue of rather than short-term problem, if there is always a problem trying to figure out the truth of this reconciliation and cooperation, it is important. banminteukwi collapse incidents including the assassination of interrogation, was not able to prevail mutilations and identify the limits of truth, he looks up. heowongeun Private events also failed to investigate a suspicious death, etc., etc. It was truly saddened.

Koreans in Japan well say the allegations of espionage operations without driving them to spy sentenced to medium gamyeonseo Republic of Korea for Koreans in Japan to their feelings when they learned that the Republic of Korea, Iran, the country, and what was the heart meokmeokhada now. Of course, true of many operations, but the allegations. 

Ganggihun historic ghostwriter in the case of non-specialist with eyes ganggihun and Kim Ki-stand of the match the other spots so I bet gukgwasu officials' appraisal due to the feelings and their own judgments in a keen, prosecutors, judges who ganggihun the guilty one is great As was saddened. In truth, it straightened up after that it was the chance to be really glad. 

The National Assembly (the military regime to woo the military statement on the gate against the law to buy up the truth only after an investigation, and to investigate their own laws and regulations while) to a boil in the Roh administration to investigate jinsilwi opinion, despite the obvious donguidae case, the union case, and authoritarian rule is not Gigabit bangyanggyunsageon gakhahan to understand that it was difficult to judge. Ganggihun had been the case during the Truth and Roh regime had never even had said.

In the case against the U.S. bombing of the many issues raised above truth, but believes that they will not be resolved. Therefore, ongoing work continues to be investigated sajinsil past.

Yimyeongchun Lawyer Bios
Jeonjugo Sol 1978
1983 Seoul Law Sol
1985-1997, Seoul Yeongdeungpo, Guro local labor movement
Since 2003, Labor Education Center in southern Seoul twenty-four hyeonjaekka
Institute of Justice in January 2004 completed 33 stage
February 2004 to May 2006 Oseong joint law firm, law firm lawyers Chongsol
2004-2006 School of Human Rights Education Foundation Chairman, public defender
May 2006 to December 2010 by Truth and Reconciliation Commission for the past director of research, including human rights violations
January 2011 ~ Law Firm lawyer to return Chongsol

Again translated by Google chrome translator (so poor)
See the original Korean version @ http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0001497329&PAGE_CD=&BLCK_NO=&CMPT_CD=A0101


'Truth' as the U.S. bombing incident, Pohang, 'out' process
Turn over the chair for the big yiyoungjo jinsilwi survey
Turn any treatment after four months of approval jeonwonwi ... Surviving members of the opposition,
Update 10.12.22 18:03 10.12.30 09:21 ㅣchoejong Kim (wadans)
  
 yiyoungjo jinsilhwahaewi Chairman
Ⓒ Yonhap News
 Yiyoungjo
The Truth and Reconciliation Commission yiyoungjo the 'Truth' is determined by the power commission to decide arbitrarily dwijipgo 'Truth dead' turned out to be processed.

The Truth and Reconciliation Commission last June 30 (hereinafter, jinsilwi) in the Pohang area bombing by U.S. forces killed 10 gun case filed based on research into 'Truth' or 'out of Truth' as voted.

The power to open up the truth commission investigating filing of four guns and a gun case misincheong identified by the victim admitted that the U.S. bombing of the 'Truth', the remaining 5 bombing of a victim of illegal guns is impossible to determine whether considers to be 'out of Truth' as voted.

This resolution is usually the result of internal administrative procedures can be through the applicant shall be notified as soon as possible. 'Truth and Reconciliation by the Basic Law for the past' according to Article 28 paragraph 1 of the Truth Commission to determine if such a need to specify the reason, and without delay, applicants and respondents, you must notify people. But after a trip abroad due to chair yiyoungjo unattended long as payment is more than 90 days did not materialize. Chairman of the Standing Committee yisanghwan since become an outspoken critic and has two (related article: "Senator! approval to travel abroad and get moving" ).

'Truth' in 'Truth dead' to ... Whatever changes Chairperson jinsilwi survey

Meanwhile, the Power Commission Chairman yiyoungjo ordered a review of the results instead of notice. Last August 19 'U.S. bombing incident in Pohang, TF team, make up, Pohang U.S. to reconsider the case for a new decision of the body inside a fix that will raise payment. Special Assistant in charge of a team TF jinsilwi gukjanggeup causal investigator was appointed three-ins.

Then last September 14 the U.S. bombing of the Pohang area yiyoungjo chair in case the power committee 'Truth' in 'Truth dead' had tried to debate the matter to the review.However, this review did not vote on the above proposal power. Committee members from the power during gimoesuk "again now that we decide that the new law will cause many different problems," he said. Another permanent member yisanghwan the "power is already in the passage above, it is unfair to review and discuss the case," said the entry was sent off.

When the collapsed chair yiyoungjo this review changes to voting approval to a guy ordered a special assistant to team TF. However, the special adviser's lawyer "has already uigyeoldoen Power Commission overturns approval of the report can not be sangsinhal approval," said the instructions were refractory. Then yiyoungjo adviser to chairman deposed on the spot.

After two chairs secretary last November 3 to initiate the appropriate documentation to the clerk after the gimyongjik a permanent member of the middle ear to the settlement 'Truth' parts 'out of Truth' has been replaced by the modified approval to the report. As a result, last June 30 'Truth' as the U.S. bombing incident in five cases, Pohang November 3 issue of the three cases 'dead' deungege notified applicant that has been processed. Jinsilwi power committee 'Truth' through the passage just 4 months, il yiyoungjo 'Truth dead' as is gyeoljaehan change.

"Chairperson rights can not be beyond an arbitrary treatment took place ..."

Jinsilwi Power Commission's vote, except the manner prescribed by law even above jinsilwi power arbitrarily 'Truth' or 'dead' can not replace. As well as information on the survey report does not fit representation ohtaljana to correct grammar or whom the degree of elaboration, etc. are available. But when it matters delegated to the Committee on the resolution as long accepted truth that has been limited.

Committee meetings as determined from the structure of institutions that have decided not to fix the decisions of other state agencies as a recognized state must contend with the effect that the bulgabyeonryeok, not because the principles of competitiveness. When inevitably be corrected only by the trial court's conclusion that can be changed.

Jinsilwi power committee consists of 15 voting members, if made, including of course all the chairs, each one will vote pyossikmanui. But you have a table uigyeolgwonman yiyoungjo Chairman jeonwonwi vote overturns 'Truth' a sacrifice to the case 'out' events will byeongaehan. A National Assembly plenary session in which 'vote' points the next day the Speaker agrees to notify the government documents for the approval from the random 'reject' is no different to send to the change.

Non-executive members about this jinsilwi yigiuk "they did not have a serious legal problem. unimaginable happened," he said. He also "yiyoungjo Chairperson in conducting the meetings jeonwonwi role as a moderator, but the details have already uigyeoldoen the right to arbitrarily overrule no, "he said. 

Pohang area of the U.S. bombing incident yujokin Yugye-ri ae said, "can not comprehend yiyoungjo Chairperson for any legal action and will fight to the end," he was furious.Pohang U.S. bombing survivor events above the truth, saying it could not accept the results of the survey is a certain appeal. The truth of the above Committee held the power of 23 days to appeal their families are expected to argue.

Contact Public Relations Office jinsilwi about this room, but the truth upside "nothing to say apart" the replied, and started over.
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